#1
Hi!
How would one go about claiming a band name as their own? In a world with millions of bands, many with similar or even the same same, how could one protect their own name in case of any legal trouble?
Quote by Kill A Kitten
You know that old saying: "Men who play bass in the band have the largest genitalia." Well, it's the same for women.
#2
No one gives a shit unless you're making millions. There are bands out there with the same name except one has a "The" and the other doesn't.
#3
There is a stickied thread in the bandleading subform.

Quote by GoldenGuitar
There are bands out there with the same name except one has a "The" and the other doesn't.


Not sure why that part needed to be included? There are plenty of bands with the same name.
There's no such thing; there never was. Where I am going you cannot follow me now.
#5
You can protect the name. If you don't. you can expect trouble depending where howthe band progresses. Happened to a friend of mine. Fairly successful album sales back in 90's, band broke up. Band reformed (playing stadiums around Europe) and made new album ... meanwhile a bahnd in Canada had pinched their name ... end result, confusion, and the band had to add "UK" to the end of its name. Delayed album sales. Brand damage.
#6
know a band in CA that used nirvana until they got legal papers from Nirvana..
play well

wolf
#8
I know a band from the early 80's called the Beats that played in the US in the northeast (mostly NJ and NY area). They released a couple of singles on their own label. They managed to get local stores to sell them on consignment and finally got hooked up with a small distributor. A band in California using the same name got a major label deal with Columbia Records, recorded their first album and had cover art and all ready to go. Columbia found out at the last minute that this local east coast band had the same name but never trademarked it however since they had already released product to the public Columbia felt that they could claim legal rights to the name. I understand they offered big money to band for the name (the cost of new album artwork and all the pre publicity artwork was a major expense at the time). The Bangs didn't accept Columbia's offer and California band changed their name to The Bangles.

Trigger was a local band in New Jersey who had an album on Casablanca in the late 70's. A new band that was being picked up by Atlantic Records was also called Trigger. They were forced to change their name to Foreigner.

Many bands use the same name. I thought my bands name was original 19 years ago when I put it together. When I do a Google search I find three other bands with the same name. Two are in other countries and one is in another state pretty far away. You never know.
Yes I am guitarded also, nice to meet you.
Last edited by Rickholly74 at Sep 28, 2015,
#9
I've actually been wondering about this myself, lately. One of my "I'd like to, eventually" projects is a Wizard Rock band called "10 Points for Gryffindor". Googling really intensely eventually found me a Reverb Nation page for a band with the same name; they released one song ages ago and haven't been active since. I normally wouldn't care, but Wizard Rock as a genre is fairly "global" in that it's mostly done on the Internet and that whole "local presence" thing doesn't quite match up; there are web pages that, for example, cover WRock releases and collect directories of band names. Ignoring for the moment that the other band appears to be long defunct, would I be correct in assuming that taking that name would cause me issues were I to try and promote my music in that community despite the other band being located God-knows-where?
#10
Just because no one has used that name in awhile (as far as you can tell), you are bound to get crap from someone for doing it even if no one legally trademarked the name. Why not just use The Beatles. No one is using that name either. (I know I'm just being a wise ass but I just couldn't restrain myself. Sorry.) It would be different if you didn't know someone already used the name but the fact that you know in advance puts a different spin on it.
Yes I am guitarded also, nice to meet you.
Last edited by Rickholly74 at Oct 1, 2015,
#11
Quote by Rickholly74
Just because no one has used that name in awhile (as far as you can tell), you are bound to get crap from someone for doing it even if no one legally trademarked the name.


Except that, as you clearly didn't read from the Band Names thread linked prior, that it's okay to use the same name as someone else if you don't run in the same circles. My question is whether or not an "Internet community" counts as a "circle" as clearly as a geographical region, especially if the band in question never really got off the ground.

Why not just use The Beatles. No one is using that name either. (I know I'm just being a wise ass but I just couldn't restrain myself. Sorry.)


Uh, that comparison isn't even in the same galaxy, let alone the same ballpark.

It would be different if you didn't know someone already used the name but the fact that you know in advance puts a different spin on it.


Yes, but the question is, in this particular circumstance, does it matter? Thus far I've decided not to use the name, but I've yet to come up with a better one and if push comes to shove, I'd like to go ahead with my original idea. It's not like I'm trying to co-opt Harry and the Potters themselves.
#12
^^^ The band you are comparing yourself to doesn't appear to be doing business in any area, so you are fine.

With the exception that shortening it to "10 Points Griffindoor" would be far catchier.

And if you wanted you could easily change "Griffindoor" to some other HP house.
And no, Guitar Hero will not help. Even on expert. Really.
Soundcloud
Last edited by AlanHB at Oct 2, 2015,